Application�E IDIAN.-
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
To ensure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: May 26, 2015
Transmittal Date: May 7, 2015 File No.: VAC 15-005
Hearing Date: June 2, 2015
Request: Public Hearing: Vacate a portion of the existing water, sewer and
pressurized irrigation easements on Lot 1, Block 2 for Umbria Subdivision
By: Silver Oaks Apartments, LLC
Location of Property or Project: 3800 W. Perugia Street
_Ryan Fitzgerald (No FP)
_Gregory Wilson (No FP)
_Steven Yearsley (No FP)
_ Patrick Oliver (No FP)
_Rhonda McCarvel (No FP)
_Tammy de Weerd, Mayor
_City Council
—Sanitary Services
_ Building Department/ Rick Jackson
_ Fire Department
Police Department
—City Attorney
_City Public Works
_City Planner
_ Parks Department
Economic Dev.
Your Concise Remarks:
Meridian School District
_ Meridian Post Office
_Ada County Highway District
_Ada County Development Services
_Central District Health
_COMPASS
_Nampa Meridian Irrig. District
_Settlers Irrig. District
—Idaho Power Co.
_ Qwest
_Intermountain Gas
_ Idaho Transportation Department
_Ada County Ass. Land Records
Downtown Projects:
—Meridian Development Corp.
_Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
Boise Project Board of Control/Tim Page
City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
�E IDFZ IAN;_-.-
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MAY - 4 2015
Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY:
Project name: cr, Su t vt 5i o of vt Si o n t La+ I t a igueC %
Filenumber(s):�-(J' 1
Assigned.Plannev,: 0. Related files:
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Planned Unit Development
❑ Administrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
❑ Certificate of Zoning Compliance
❑ Rezone
❑ Comprehensive Plan Map Amendment
❑ Short Plat
❑ Comprehensive Plan Text Amendment
❑ Time Extension:
❑ Conditional Use Permit
Director/ Commission/Council (circle one)
❑ Conditional Use Modification
❑ UDC Text Amendment
Director/Commission (circle one)
N Vacation:
❑ Development Agreement Modification
Director/ Council (circle one)
❑ Final Plat
❑ Variance
❑ Final Plat Modification
❑ Other
Applicant Information
Applicant name: Silver Oaks Apartments, LLC Phone: 288-0100
Applicant address: 1409 N Main St
City: Meridian
Email:
State: ID Zip: 83642
Applicant's interest in property: 17 Own ❑ Rent ❑ Optioned ❑ Other
Owner name: Same
Owner address:
City:
Email:
State:
Phone:
Zip: _
Agent/Contact name (e.g., architect, engineer, developer, representative): Patrick Scheffler PLS
Firm name: Idaho Survey Group Phone:
Owner address: 1450 E Watertower St #130 Email: pscheffier@idahosurvey.com
City: Meridian State: ID Zip: 83642
Primary contact is: ❑ Applicant ❑ Owner 171 Agent/Contact
Subject Property information
Location/street address: 3800 W Perugia St, Meridian Township, range, section: T3N, R1 W, S10
Assessor's parcel number(s): R8778730020 Total acreage: 24.6 Zoning district: R-15
Community Development. Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meddiancitv.org/plannine
-I- (Rev. 061122014)
Project/subdivision name: Umbria Subdivision- Lot 1, Blk 2
General description of proposed project/request: Request to vacate existing sewer 8 water easements shown on Sht.3 of Umbria Sub plat.
Will dedicate new sewer & water easements per re -design of site improvement Q PRESS. tieRI
Proposed zoning district(s):
Acres of each zone proposed: n/a
Type of use proposed (check all that apply):
O Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development? NMID
Which irrigation district does this property lie within? NMID
Primary irrigation source: pump sta @ canal Secondary:
Square footage of landscaped areas to be. irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units: Number of building lots:
Number of common lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom:
2-3 bedrooms:
4 or more bedrooms:
Minimum square footage of structure (excl. garage): Maximum building height: _
Minimum property size (s. f): Average property size (s.f):
Gross density (Per UDC ll-lA-1): Net density (Per UDC 11-1A-1):
Acreage of qualified open space: Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B):
Amenities provided with this development (if applicable): -
Type of dwelling(s) proposed: ❑ Single-family Detached
❑ Duplex D Multi -family ❑ Vertically Integrated
❑ Single-family Attached ❑ Townhouse
❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: Common lots: Other lots:
Gross floor area proposed:
Hours of operation (days and hours):
Total number of parking spaces provided:
Authorization
Print
Appli
Existing (if applicable):
Building height: _
Number of compact spaces provided:
Community Development . Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 vnvw.meridiancitv.ore/olannine
-2- (Rev. 0611212014)
PRFs. Ikea
M
IDAHO
SURVEY
GROUP
April 8, 2015
City of Meridian
Planning Department
Dear Planner:
1450 East Watertower St.
Suite 130
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208) 884-5399
This request for a vacation of easements is being submitted concurrently with Silver Oaks
Apartment project and Avendale Subdivision. This project replats a previously platted lot
of Umbria Subdivision into several lots that will correspond to phases of the Silver Oaks
Apartment project. Due to the re -design of this project, there are several previously
recorded easements that are no longer needed and will interfere with the new site layout
plan. The easements that the owner is requesting to be relinquished and/or vacated are as
follows:
The City of Meridian water and sanitary sewer easements shown on the interior of Lot 1,
Block 2 (sheet 3 of 5) of Umbria Subdivision. The existing easements shown at the
northeast corner of Lot 1, Block 2 will remain.
The property owner will provide new City of Meridian water and sanitary sewer
easements with the re -designed project.
Sincerely,
(�-'i
Patrick J Scheffler, PLS
Agent for Owner
April 8, 2015
EXHIBIT A
CITY OF MERIDIAN
SANITARY SEWER AND WATER EASEMENT VACATION
LOT 1, BLOCK 2, UMBRIA SUBDIVISION
That portion of those existing City of Meridian Sewer and Water Easements, dedicated
by Note 17 on Sheet 3 of 5 of the Plat of Umbria Subdivision, as filed for record in Book 101 of
Plats at Page 13200, records of Ada County, Idaho, being located within Lot 1, Block 2 of said
subdivision, as shown on the attached Exhibit A-1, excepting therefrom that portion adjacent to
the northerly boundary of said Lot 1 as shown on the attached Exhibit A-2.
t��'/ y�v C S
�' 701
J.
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 25.00 6
BOISE IDAHO 04/28/2014 04:38 PM
DEPUTY Bonnie Oberbillig
RECORDED -REQUEST
Electronic Recording 77'7777 VIII �IIII III�II IIIIII II IIIIII III�II IIIIII III IIIIIII'I IIII
RECORDED -REQUEST OF
TITLEONE BOISE 114031857
RECORDING REQUESTED BYAND
WHENRECORDED RETURN TO:
Moffatt, Thoatas, Barrett, Rock &
Molds, Chartered
101 S Capitol Boulevard 10th Floor
Pont Of as Bax829
Boise, Idalto 83701-0829
Attention: Miehoel0. Roe
&a3S-04 y -r/57:>
(Space Above For Record er's Use)
SPECIAL WARRANTVDEED' '
FOR VALUE RECEIVED, TEN M11Z DEVELOPMENT, LLC, an Idaho limited liability
company ("Grantor"), hereby conveys and specially warrants to SILVER OAKS APARTMENTS,
LLC, an Idaho limited liability company, whose mailing address is 1409 N. Main Street,
Meridian, Idaho 83642 ("Grantee"), all of that certain real property situated in Ada Comity;
Idaho, and more particularly described on Exhibit A attached hereto and by this reference made
a part hereof.
SUBJECT TO all existing easements, rights of way, reservations, restrictions and
encumbrances of record, including, without limitation, any existing tenancies, to all zoning laws
and ordinances, to any state of facts all accurate survey or inspection of the premises would show
and to any and all exceptions to title set forth on Exhibit B attached hereto and by this reference
made apart hereof.
TO HAVE AND TO HOLD the herein described real property, with its all and singular
Hereditaments and appurtenances, mato the Grantee, and Grantee's successors and assigns
forever.
The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said
premises; that the premises are free from encumbrances created or suffered by the Grantor,
excepting those as may be herein set forth, and excepting those of record, and that Grantor will
warrant and defend the same from all lawful claims of or through Grantor, but none other.
SPECIAL WARRANTY DEED - I
Clea03322066d
0
IN WITNESS WHEREOF, this Special Warranty Deed, has been duly executed by and
on behalf of Grantor this af-� day of April, 2014,
GRANTOR:
TEN MILE DEVELOPMENT, LLC, an
Idaho limi;edlbility company
STATE OF IDAHO )
) ss.
County of Ada )
On this_ Nkv of April, 2014, before me iia h22& 22& c i � r� - ,
personally appeared GAAYE K WOLI6E, SR, laiown or identi iedto me (or pr ed e
oath of ) to be the &I a , a e yi t ., k/ of TEN MME
DEVELOPMENT, LLC, the limited liability company that execu edit a instrument or the person
who executed the instrument on behalf of said limited liability company, and aelmowledged to
me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
;.G-P,tT DART
�.........
0 ARrAuaor-
'•
'a& OF IPP,k'•
NOTARY PUBLIC FOR IDAO
Residing at SOUX
My Commission Expires =ina exriaes: ii -tate
SPECLAL WARRANTY DEED - 2 Cllent6922066.1
Exhibit A
(Legal Description of the Subject Property)
Lot 1 in Block 2 of Umbria Subdivision, according to the official plat thereof, filed for record in Book 101 of
Plats at Pages 13200,13201, 13202, 13203, and 13204, records of Ada County, Idaho.
ExHmrT B
('Title Exceptions)
i, Rights or claims of parties In possession not shown by the public records.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Time that
would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the
Public Records.
3. Easements, or claims of easements, not shown by the public records.
4. Any Her, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, Imposed by
law and not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
Issuance thereof, (c) water rights, claims to title to water, whether or not the matters excepted under (a),
(b), or (o) are shown by the public records.
6. Taxes or special assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records, Proceedings by a
public agency which may result In taxes or assessments, or notices to such proceedings whether or not
shown by the records of such agency, or by the public records.
7. Taxes, Including any assessments collected therewith, for the year 2013 for which the first Installment
Is paid and the second Installment Is due and payable on or before June 20, 2014.
Parcel Number: R8778730020
Original Amount: $22,827.56
(Affects additional property)
8. Taxes, Including any assessments collected therewith, for the year 2014 which are a lien not yet due
and payable.
9. The land described herein Is located within the boundaries of City of Meridian (208-888-4433) and Is
subject to any assessments levied thereby.
10. The land described he}eln Is located within the boundaries of Nampa -Meridian Irrigation District (208-
466-7861) and Is subject to any assessments levied thereby,
11, Reservations and exceptions in a United States Patent, and In the act authorizing the Issuance
thereof, recorded January 5, 1896 In Book 3 of Patents, at Page 104, records of Ada County, Idaho.
12. Reservations and exceptions In a United States Patent, and In the act authorizing the issuance
thereof, recorded February 16, 1900 In Book 3 of Patents, at Page 424, records of Ada County, Idaho,
13. Terms and provisions contained In an Agreement by and between United States of America and
Norville W. Booth and Katharine Booth, his wife.
Dated: July 31, 1916
Recorded: December 16, 1916
Instrument No.: 66907
Book 7 of Contracts and Agreements at Pages 161 and 162, records of Ada County, Idaho.
14, Right-of-way for Kennedy Lateral and the rights of access thereto for maintenance of sold lateral. Said
lateral Is under the control of and maintained by Nampa & Meridian Irrigation District pursuant to a
Quitclaim Dead recorded July 18, 2001 as Instrument No. 101071951, record of Ada County, Idaho.
EydWIT B - I CMAN322066.1
16. Terms and provisions contained In a Master Pathway Agreement by and between Nampa & Meridian
irrigation District and The City of
Meridian, a political subdivision and municipality of the State of Idaho.
Recorded: December 26, 2000, January 9, 2001 and February 6, 2001
Instrument Nos.: 100102999, 101002080, and 101009649, records of Ada County, Idaho.
16. An easement for the purpose shown below and rights Incidental thereto as set forth In a Sanitary
Sower Easement
Granted to: City of Meridian, a municipal corporation of the State of Idaho
Purpose: right-of-way for the permanent and temporary construction easements for the construction,
operation and maintenance of a sanitary sewer line
Recorded: December 15, 2005
Instrument No,: 105191330, records of Ada County, Idaho.
17. Terms and provisions contained In a City of Meridian Ordinance No. 06-1209,
Recorded: January 6, 2006
Instrument No.: 106002835, records of Ada County, Idaho.
18. Terms and provisions contained In a Development Agreement by and between City of Meridian, a
municipal corporation of the State of Idaho and Charter Builders, Inc.
Recorded: January S. 2008
Instrument No,: 106002636, records of Ada County, Idaho.
Terms and provisions contained in an Addendum to Development Agreement by and between City of
Meridian, a municipal corporation of the State of Idaho, Ten Mlle Development, LLC and Silver Oaks
Apartments, I.I.C.
Dated: April 5, 2011
Recorded: April 6, 2011
Instrument No.: 111028916, records of Ada County, Idaho.
19. Terms and provisions contained In a License Agreement by and between Nampa & Meridian Irrigation
Distrlct'and Charter Builders,
Inc„ an Idaho corporation.
Dated: February 7, 2006
Recorded: March 6, 2006
Instrument No,: 106033973, records of Ada County, Idaho.
20. An easement for the purpose shown below and rights Incidental thereto as set forth In a Sanitary
Sewer Easement
Granted to: City of Meridian, a municipal corporation of the State of Idaho
Purpose; right-of-way for the permanent easement for the construction, operation and maintenance of a
sanitary sewer line
Recorded: March 7, 2006
Instrument No.: 106034783, records of Ada County, Idaho.
21, Terms and provisions as contained in a Construction Contract for Urban Irrigation System In Umbria
Subdivision.
Executed by; Charter Builders, Inc., an Idaho corporation, and Nampa & Meridian Irrigatlon District
Recorded; March 13, 2008
Instrument No.: 106038080, records of Ada County, Idaho;
Terms and provisions as contained In a Bill of Sale for Umbria Subdivision for all Irrigation equipment,
including, but not limited to pump(s), pump house, pipelines, fittings and valves from the pump station to
the Individual water service taps, constructed or to be constructed, which constitute the pressurized
Irrigation system located In Umbria Subdivision.
EXH MIT B - 2 Cllanl:3e22066.1
Seller; Charter Builders, Inc., an Idaho corporation
Buyer: Nampa & Meridian Irrigation District
Dated: February 16, 2006
Recorded March 13, 2006
Instrument No.; 106038081, records of Ada County, Idaho;
Terms and provlslons, contained In an Addendum to Construction Contract for Urban Irrigation System in
Umbria Subdivision, eke, Silver Oaks Subdivision and Pump Station Operation and Maintenance
Agreement.
Executed by; Charter Builders, Inc., an Idaho corporation, and Nampa & Meddian Irrigation District
Recorded: June 29, 2006
Instrument No.: 106104020
Terms and provisions contained In an Addendum to Construction Contract for Urban Irrigation System in
Umbria Subdivision, aka, Silver Oaks Subdivision, to Extend Time to Complete Construction.
Executed by: Ten Mlle Development, LLC, an Idaho limited liability company, and Nampa & Meridian
Irrigation District
Recorded: May 12, 2008
Instrument No.: 108066213, records of Ada County, Idaho.
22. An easement for the purpose shown below and rights Incidental thereto as set forth In a Public Right -
of -Way Easement (Sidewalk),
Granted to: Ada County Highway District
Purpose: perpetual and exclusive easement for a public right-of-way for use by those members of the
public who are pedestrians, and by bicyclists (If the Servient Estate Is located In an area where bicycles
are allowed to be ridden on sidewalks), and the statutory rights, if any, of utilities to use the public right-af-
way, and for ACHD, Its employees, agents and contractors access to Inspect, repair and maintain the
Improvement
Recorded: June 8, 2006
Instrument No.; 106091000, records of Ada County, Idaho.
23. Terms and provisions as contained In a Drainage Facilities Easement Agreement,
Grantor; Cherry Lane Christian Church, Inc.
Grantee: Silver Oaks, LLC
Dated: November 5, 2006
Recorded: November 16, 2006
Instrument No.: 106180338, records of Ada County, Idaho.
24, Terms, provisions, conditions, and, easements contained In a Cross Easement Agreement (Private
Road & Utilities) by and between Cherry Lane Christian Church, Inc. and Silver Oaks, LLC.
Dated: November 6, 2006
Recorded: November 16, 2006
Instrument No.: 106180339, records of Ada County, Idaho,
25. Easements, reservations, restrtctlons, and dedications as shown on the official plat of Umbria
Subdivision, recorded June 11, 2008 as
Instrument No. 108067789, records of:Ads County, Idaho.
26. Terms and provisions contained In a Central District Health Letter,
Recorded: June 11, 2008
Instrument No.: 108067790, records of Ada County, Idaho.
EXHIBIT B - 3 _ cllen113222056.1
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
Dp,j.-b rn evopeR/ rl'izr .
I, (� all. LI ) T
`^A ^ � e) � (address)
Y /V (city) ��(ssttate)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this day of MCIL 20 1�
(S i��6
(Signat e)
SUBSCRIBED AND SWORN to before me the day and year first written.
6�•w�ceau.y
+ Q �• OTAp 'SCS, (Notary Publi for Idaho)
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Community Development. Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.ore/olanning
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Hearing Date: June 2, 2015
File No.: VAC -15-005
Project Name: Umbria Subdivision, Lot 1, Block 2
Request: Request to vacate a portion of the existing water, sewer and pressurized irrigation
easements on Lot 1, Block 2, Umbria Subdivision, by Silver Oaks Apartments, LLC.
Location: The site is located at 3800 W. Perugia Street, in the SE V4 of Section H), Township 3N.,
Range I W.